Articles Tagged with “NYC personal injury lawyer”

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Though our country has gone through a turbulent time with the recent election, we understand that many have become frustrated and upset with even discussing the topic of government and politics.  However, it has come to our attention that certain elected government officials have put forth a bill which would severely curtail the rights of all citizens and reduce our access to the Court system as well as the right to receive fair and adequate damages for serious injuries.

This week, the House will vote on a number of bills that will make it difficult for accident victims to seek justice in our nation’s courts. If these bills pass, it will make it nearly impossible for Americans, who are injured in accidents, and their families to pursue legal action. The so-called “Protection Access to Care Act of 2017” [H.R. 1215] will rig the system against us by allowing insurance companies and big corporations to prevail.

You can view the details of the bill by clicking on   HR 1215 Bill.   As you will note, the bill, sponsored by big business and the insurance lobby, sets a cap of $250,000 for all claims of pain and suffering for any person bringing a Health Care Lawsuit.  Such a lawsuit will include all claims of medical malpractice, nursing home negligence and any other claim involving any other health care provider.  If we stop for just one moment and think about this.  An elderly woman who is caused to sustain serious and permanent bed sores while in a Nursing home and suffers for 2 years in awful pain, undergoing debridement (scraping of the necrotic skin) procedures will be limited to $250,000.00 in damages.  A child who suffers a loss of oxygen due to delay and error by the doctor and nurses while being delivered and is rendered handicapped and special needs for the rest of their life; will be limited to $250,000 for their pain and suffering.

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As an attorney representing car accident victims quite often, the recent news of two Tesla vehicles that crashed while in self-driving or autonomous driving mode raised a lot of questions.  From the attorney perspective, we are taught to evaluate an accident applying two major elements.  The first element is negligence, a two prong question.  First, d id the operator of a motor vehicle, operate his or her car in a way that was unreasonable under the circumstances.  The failure to operate your car in a reasonable manner is the first element of negligence.  The second element is proving that that failure, was a substantial factor or proximate cause of the accident.  The lines are blurred when we consider modern technology.  We must now consider whether the vehicle itself was negligent.

Tesla advises all of its owners that it’s autopilot feature DOES NOT mean that the vehicle is operating itself.  However, all marketing and news stories are describing the benefits of placing the car in autopilot mode and allowing the car and its sensors to sense the road and vehicles and obstructions around it.  Given this dichotomy, one must ask if the warning given is sufficient to free Tesla of any responsibility.

Joshua Brown’s death was the first reported death while operating a vehicle in autopilot mode.  This month, his vehicle collided with an 18 wheeler when the autopilot feature and the surrounding sun glare did not allow the vehicle’s autopilot features to react in a reasonable and timely manner.  The National Transportation Safety Board is investigating this accident with a focus on fault of the vehicle’s autopilot features.

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Regardless of where one sits on the issue of rights to domestic partners, there have been some current legislative activities in the New York state legislature that people should give some attention. The New York State Assembly Bill # A04024 is a bill intended to amend the executive law, “in relation to eligibility of domestic partners for compensation from the crime victims’ board, introduced in January 2014.”

This bill allows for domestic partners to be eligible to receive awards under the crime victims compensation allocation. On April 24, 2013, this bill passed the New York State Assembly and was delivered to the New York State Senate for consideration.

The New York State Office of Victim Services is the state entity involved with providing legal recourse and compensation for victims. There is a laundry list of eligibility requirements as well as a list of what a victim may be entitled to. That list includes: